UPDATE: The NY State trial that took place in Apr, 2015 concluded by acquittal by Justice Convisor issuing an opinion on the post-trial motion to dismiss on July 6th, 2015. The judge wrote:

The People began their closing argument to the jury by asserting that “[t]his is a case about a man taking something that he had no right to take. This is a case about this man, seated here, Sergey Aleynikov, the defendant, taking something that wasn’t his. It’s that simple” (1671). As outlined here, the legal standards applicable to the instant crime were anything but that.

The Court holds that, viewing the evidence in a light most favorable to the People, the prosecution did not prove the Defendant made a “tangible reproduction or representation” of secret scientific material as required by the statute. The Court also holds, again under the same evidentiary standard, that the People did not demonstrate Aleynikov had the “intent to appropriate . . . the use of secret scientific material” as required by the law.

Defendants cannot be convicted of crimes because we believe as a matter of policy that their conduct warrants prosecution.

http://www.vanityfair.com/business/2013/09/michael-lewis-goldman-sachs-programmer
August 15th, 2012

Dear friends,

As you may know, after being fully acquitted of the Federal charges of theft of trade secrets from my former employer, Goldman Sachs, on 8/9/2012 I was arraigned again on the NY State charges involving essentially the same matter. The charges and indictment led to the jury trial in Apr 2015, which ended in a split verdict acquitting me of Unlawful duplication of computer-related data, and convicting of one count of Unlawful use of secret scientific material.  Later on July 6, 2015 NY State Justice Convisor dismissed jury's verdict and acquitted me on all counts.

I strongly believe that this second prosecution was a vindictive action by government against me in their attempt to punish me even further based on a wrongful allegation of a crime I didn't commit, for which I already had spent a year in prison before the justice prevailed and I was fully acquitted by the Second Circuit (see Acquittal Order), which reversed my conviction the same day the appellate panel heard oral arguments.

Vanity Fair: Nov 2013 issue

The toll of the previous defense of the Federal case depleted all my resources - I lost my home, marriage, and all savings in that battle to protect my freedom, clear my name and restore reputation. The new NY State charges will require me to pay for even more legal defense expenses and expert fees. As you can imagine, this is a very expensive undertaking. It has been estimated that my legal and expert fees from now through trial will exceed $500,000.

The pending NY State charges and the publicity surrounding the charges have made funding such high defense fees impossible, because I cannot get employment in my field. As a consequence, I cannot afford to mount the necessary defense without the support of those who believe in me.

I would like to ask all of you, who are sympathetic to my case and who believe in the injustice of me being charged the second time for the same act that I was earlier acquitted for, to contribute the funds that would help me in my fight for justice and freedom.

You can contribute in one of the following ways:

  1. Donate on-line using a credit card by clicking the "Donate" button on the right:

  2. Send your donation using PayPal to serge@aleynikov.org

  3. Send BitCoin currency to address: 12pt8TcoMWMkF6iY66VJQk95ntdN4pFihg

  4. Mail your check payable to "Marino, Tortorella & Boyle, P.C.":
    Attn: Aleynikov Defense Fund
Marino, Tortorella & Boyle, P.C. 437 Southern Boulevard Chatham, NJ 07928
Thank you very much for your support!

Sergey Aleynikov <serge@aleynikov.org>

Bail hearing outside the NY court house after spending a week in NJ jail on unexpected NY State charges


[8/8/2012 Bail hearing: outside the NY court house after spending a
week in NJ jail on arrest that arose out of a fugitive warrant issued
by NY State without any attempt to summons me to come
voluntarily or to contact my lawyer and request me
to come for the hearing]




Round2: NY State vs. Sergey Aleynikov (8/2/2012 - 7/6/2015)

Outcome: Acquittal

On July 6th, 2015 NY Supreme Court Judge Convisor issued a 72-page opinion granting our defense motion to dismiss the charges in their entirety. He wrote:

The People began their closing argument to the jury by asserting that “[t]his is a case about a man taking something that he had no right to take. This is a case about this man, seated here, Sergey Aleynikov, the defendant, taking something that wasn’t his. It’s that simple” (1671). As outlined here, the legal standards applicable to the instant crime were anything but that.

The Court holds that, viewing the evidence in a light most favorable to the People, the prosecution did not prove the Defendant made a “tangible reproduction or representation” of secret scientific material as required by the statute. The Court also holds, again under the same evidentiary standard, that the People did not demonstrate Aleynikov had the “intent to appropriate . . . the use of secret scientific material” as required by the law.

Defendants cannot be convicted of crimes because we believe as a matter of policy that their conduct warrants prosecution.

08/02/2012: I was unexpectedly arrested and detained again for a week without being informed of the charges.
09/27/2012: I was arraigned on the NY State indictment arising of the same conduct that I was acquitted of in the Federal court:
NY Times:

In a 71-page opinion, Justice Ronald A. Zweibel of State Supreme Court in Manhattan ruled that the F.B.I. “did not have probable cause to arrest defendant, let alone search him or his home.” The arrest was “illegal,” Justice Zweibel wrote, and Mr. Aleynikov’s “Fourth Amendment rights were violated as a result of a mistake of law.”

04/06/2015: The NY State trial started on this day, nearly 3 years after I was charged by the NY State's indictment.
    Charges:
    1. Unlawful duplication of computer related material in the first degree
    2. Unlawful use of secret scientific material

Round1: US vs. Sergey Aleynikov (7/4/2009 - 6/5/2012)

Outcome: Acquittal

Miscellaneous